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Agenda 01/15/2008 Item # 6D Agenda Item No. 6D January 15, 2008 Page 1 of 15 COllIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail' Naples, Florida 34111 . (239) 774-8383 . FAX (239) 774-4010 January 2, 2008 Mr. Alan Farrior Colonial Homes, Inc. 2000 Interstate Park Drive, Suite 300 Montgomery, AL 36109 Re: Public Petition Request to Discuss Recovery of Performance Bond for Final Layer of Asphalt at Laurel Lakes Dear Mr, Farrior: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of January 15, 2008. regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes, Please be advised that the Board will take no action on your petition at this meeting, However, your petition may be placed on a future agenda for consideration at the Board's discretion, Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting, The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, qesr:~ County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator .',......... I. .. ~ 23_~04 ll:J..6 E-U: 23JlJ.335933 Agenda Itiiiroll1P. 6D January 15, 2008 Page 2 of 15 I noriJ.;LOfftc~s '.c.;~~..i."If;C:\'~ ::);:1';:0: ,l.~:', ~]IL:1,~ ~_o.t'..: F: 1.:,~l:iclC:.!::, r~ :-5;12 "~~':" -l_l >~-i.: I~l' 'i:k,',:el.pc:iJitof L~.::: i:,:;~;~ l'U''::-t' 1-' ~.J: ~;- H '\ l:'~-'f' li::JL:~ :-r,.~J.-.''-''.'l(. ,I.ld,jC:1''-..I... :'J:-,?,_' \jr'li::-..!::-to:' .'.:'::'.1\1 ..':~ prt~ '):,J:-,.:.") LAW OFFICES BECKER & POLIAKOFF, P.A. Becker 85 Poliakoff BuUding 14241 Metropolis Avenue. Suitt: 100 Ft. Myers, Florida 33912 Phone: 12391 433-7707 Fax: 12391 433-5933 FL ToU Free: (800) 462.7780 Website: WWVI.becker-poltakoff.com Bank of America Center 4501 Tamiaml Trail North, Suite 214 Naples, Florida 34103 Phone: 12391 ~61.9555 Fax: 12391261-9744 FL Toll Fre.e: 18001 362-7537 Website: www.becker.poUakoff.com !":).'"1.:..:b.,'!c' _:,,!:;),,):;I TJ.I..:!-;,.-<,(' {,IT.;,,:' ~:t:'.;l rJ.I~-. 3,:: ".1. I.nternaliollal tJf{j(l:S I:L;';:I..~ ~"C'l:: :;.q:'lh," Ht:. ::";. !\L'/:'.; ~:';:'''. .,_ .( ~":;C-"l /:'r:;' ,-'~' '.... CO!'Sl..EGTS "'" .-,-, ': c' ":,,.,,1";,' . I'. ",' '," " .~"';. ./C. ., .; , - - - ]':L1.f Reply To: Fort iVtycrs Office or skusboerr[,bccker.poliakoff.com June 23, 2004 Sent via Fax: 643-6968 Original by US ]'vlail Mr. John Houldswc,rL" Collier COlmlY Development Services Engineering Services 2800 l'!orth Horseshoe Din'e Kaples, FL 34104 Re: laurel lakes Dcar John: I am in receipl of a copy of conespondence from Ron Hurt of .'l.meriean Engineeling Consultants, Inc" dated June 15, 2004, wherein he implied certain responsibilities on the part of Colonial Homes, Inc. Responsibilities accepted and/or assumed by Colonial Homes, Inc. are specificJlly set forth in Section 5 of the Set1lcment Agreement a copy of which \\'as previously deli,'ered to you by 'vIr. Hurt. Specificallv included are: Doslina ~ pcrfonnanec bond solely \\'ilh regard 10 the s" . - or Phases I, II, 3n ,an 1 e sTdc\\'a ks lor P lases lJ and III: and assumin" the res onsib' repairs. rep aeement and com 1ction of the) eh lis . I e :'vlarch o eller rom American Engincering Consultants. Inc. to .\linanis c. and L; l~ .:._1. .... _' rom. Incnc' 0 . 1 ~, to ssaa. 1\0 other responsibilitics for re air. rc ,1acemcnts. or othcr work, or any mhcr requirements 1m ose DV t 1e 0 1t arc bemo assume y 0 oma Homes, Exception, ho\Vc\.er. exists \\"ith regard to any County Imposed rcquirCll1CnlS resulting fyom Colonial's o\\'n construction of lmprOVClnents at L3uret Lakes. ColonlJ.} Homcs win not be assuming allY dc\'elopcr responsibilities or other responsioilities or pennitting problcn1s of \linanis. The only responsibilities accepted hy Coloni31 Homes are Ihose expressly . identified in the Settlement A.greement and the exhibits al1Jchcd thereIn. Amelican Engineering has not beC"n released as tbe engineer of record iind remains fully .responsible. www.hl.ckcr~poliakoff.com .. 06/23/2004 11: li FAX 2394335933 Ii!J 003 Agenda Item No. 60 January 15, 2008 Page ~), of 15 , Mr, John Houldsworth June 23,2004 Page #2 Copies of the referenced letters are forwarded herewith, Some of the listed items may have yet to be completed. Please advise whether or not you can confinn which items remain outstanding. I look forward to your prompt response, Sincerely yours, Steven P, Kushner For the Firm SPKlcal Enclosures cc: Anthony Persichilli Scott Clark Michael Whitt, Esq. 239839_I.DOC L006/MON 02:13 PM Meri~~ge Homes FAX No, 2395613~76 P, 003 Agenda Item ~jo. 6D January 15, 2008 Page 4 of 15 .-- G5LO~~S A OOLONW...~ OOMPANY John Houldsworth Collier County Community Development 2800 North Horseshoe Drive Naples, FL 34104 October 4, 2004. Dear Mr. Houldsworth: Enclosed please find a certified check in the amount of$163,687.50 IlIld the engineers's estimate of remaining construction costs for Laurel Lakes. We estimate that the construction will be completed within twelve months. \_~t.. \~~ ,"O(r'''~' '\- \<...1 "'" I>'le~' ,.... I "/.l. ~ I 11" . ~~"'ll~, Fort Myers/Naples Division. www.colonialhomesinc.com 12220 Towne Lake Drive, Suite 75, Fort Myers, Florida 33913 239.768.3826 Fax 239.768.3319 ~ ; HEIDT & ASSOCIATES, INC. Agen;ja item r-..]o. 60 January i 5, 2008 Page 5 of 15 CIVIL ENGINEERING PLANNING SURVEYlNG ENVlRONMENTAL PERMITTING LANDSCAPE ARCHITECTURE ENGINEER'S ESTIMATE OF PROBABLE REMAINING CONSTRUCTION COSTS Project Name: Laul'd Lakes Date: September 17, 2004 ITEM ITEM UNIT NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT PHASE 1 1.01 3/""ypo 5-111 ACSC (2nd Uft) 9,200 SY $2.50 $23,000.00 1.02 Concrete Sidewalk. (S' Wide) 1,700 LF $10.00 $17.000.00 1.03 Handicap Curb Ramp . EA $250.00 $1,000.00 Phan 1 Sub-Total'" $41,000.00 PHASE 2 2.01 3/4- Type S-III ACSC (2nct Uft) 5,650 SY $2.50 $14,125.00 2.02 Concrete Sidewalk (5' Wide) 2,600 LF $10.00 $26,000.00 2.03 Handicap Curb Ramp . EA $250.00 $1,000.00 Phue 2 Sub-Total- $41,125.00 PHASE 3 3.01 3/4" Type 5-11I ACSC (2nd Lift) 4,000 SY $2.50 $10,000.00 3.02 Concrete Sidewalk (5' Wide) 1,700 LF $10.00 $17,000.00 3,03 Handicap Curb Ramp 0 EA $250.00 $0.00 Ph... 3 Sub-Total- $27,000,00 Page 2 of 2 911812004 Bond Esllmate_OO1704 -;- HEIDT & ASSOCIATES, INC. Agenda IIem 1"0. 6D January 15, 2008 Page 6 of 15 CML ENGINEERING PLANNING SURVEYING ENVIRONMENTAL PERUlTTING LANDSCAPE ARCHITECTURE ENGINEER'S ESTIMATE OF PROBABLE REMAINING CONSTRUCTION COSTS Project Name: Laurel Lakes Date: September 17. 2004 SUMMARY Phase 1 $41.000.00 Phase 2 $41.125.00 Phase 3 $27.000,00 TOTAL $109,125.00 150 % OF TOTAL $163,687.50 ,//.A' ;?""~. / . ?;..z- ..y' . Strickland T. Smith. P.E'. # 50652 Page 1 of 2 9118~ Bond Estimale _091704 . Agenda Item No. 60 January 15,2008 Page 7 of 15 SETTLEMENT AGREEMENT AND MllTUAL RELEASE This Settlement Agreement and Mutual Release ("Release") is made and entered into this /55 day of ll.!tJg c'// ,2006 ("Effective Date") by and between COLONIAL HOMES, INC., a Florida corporation ("COLONIAL"), MERIT AGE HOMES OF FLORIDA, INC., an Arizona corporation authorized to transact business in Florida ("MERITAGE") and LAUREL LAKES HOMEOWNERS' ASSOCIATION, INC., a Florida not for profit corporation ("LAUREL LAKES"). WHEREAS, COLONIAL and/or MERITAGE was the developer of LAUREL LAKES located in Naples, Collier County, Florida; and WHEREAS, COLONIAL andlor MERIT AGE turned over control of the operation of the Association to LAUREL LAKES on October 6, 2005, which has since been managing and operating the business of the Association; and WHEREAS, LAUREL LAKES brought certain concerns relating to certain areas of the Association property and/or facilities to the attention of COLONIAL and MERIT AGE as a result of the turnover process; and WHEREAS, COLONIAL and MERITAGE and LAUREL LAKES desire to enter into this Release in order to fully address those concerns; and WHEREAS, LAUREL LAKES desires COLONIAL and MERIT AGE to fully release LAUREL LAKES from any and all obligations resulting from the turnover or otherwise; and WHEREAS, COLONIAL and MERIT AGE desire LAUREL LAKES to fully release COLONIAL and MERIT AGE from any and all obligations resulting from the turnover or otherwise. NOW, THEREFORE, in receipt of good and valuable consideration, including the mutual covenants contained herein, the parties do hereby agree as follows: I. The above recitals are true and correct and are incorporated herein, 2, COLONIAL and MERIT AGE will pay to LAUREL LAKES the sum of Forty-five thousand one-hundred sixty-seven dollars and 00/100 ($45,167.00). This sum represents COLONIAL and MERITAGE'S agreement to pay the amount set forth on Exhibit "A" hereto. 3. LAUREL LAKES, in its own behalf and on behalf of its member owners, their heirs, administrators, successors and assigns, in consideration of the promises herein contained, hereby remises, releases, acquits, satisfies, and Agenda Item No. 60 ~ January 15, 2008 ...... Page 8 of 15 forever discharges COLONIAL and MERITAGE and its respective officers, directors. agents, employees and servants of and account of all manner of action and actions, causes and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, demands whatsoever in law or equity, whether latent or patent. known or unknown. which LA UREL LAKES or any persons, representatives, administrators, successors, or assigns of LAUREL LAKES can, shall or may have as against COLONIAL and MERITAGE, its respective officers, directors, agents, employees and servants, emanating or relating directly or indirectly from COLONIAL and/or MERITAGE's involvement in any manner whatsoever with LAUREL LAKES, including, but not limited to, the development, construction, design, supervision, inspection, management, maintenance and sale of the buildings and improvements of said Association, as well as the operation (including financial matters) of its Association, audit findings, future landscape repair, and any other specifically identified items in the turnover waIJ,:through. 4, COLONIAL and MERlTAGE, in its own behalf and on behalf of its respective officers, directors, agents, employees, servants, successors and assigns, in consideration of the promises herein contained, hereby remises, releases, acquits, satisfies and forever discharges LAUREL LAKES and its officers, directors, agents, employees, servants, successors and assigns of and account of all manner of action and actions, causes and causes of action, suits, debt, dues sums of money, accounts, reckonings, bonds, bills. specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, demands whatsoever in law or equity, whether latent or patent, known or unknown, which COLONIAL and/or MERITAGE or any person, representatives, administrators, successors or assigns of COLONIAL and/or MERIT AGE can, shall or may have against LAUREL LAKES, its officers, directors, agents, or employees and servants, emanating or relating directly or indirectly with LAUREL LAKES's involvement in any manner whatsoever with COLONIAL and/or MERIT AGE. 5. LAUREL LAKES has called and held in accordance with the provisions of Florida law any and all appropriate meetings and has submitted appropriate notification to all interested parties who may be entitled by law to receive notification. 6. LAUREL LAKES represents to COLONIAL and MERITAGE that it has passed appropriate resolutions to enable its Board of Directors to enter into this Release with COLONIAL and MERIT AGE. Agenda Item No. 6D January 15, 2008 Page 9 of 15 7. For the purposes of the foregoing Release, COLONIAL and MERITAGE shall mean (a) COLONIAL and MERITAGE, as well as all of COLONlAL and MERIT AGE's respective officers, directors, stockholders. subsidiaries, affiliates, attorneys, agents, employees and servants; (b) all persons who served on the Board of Directors of the Association, from the commencement of legal existence of the corporation, through and including the date on which persons or property owners other than COLONIAL and/or MERIT AGE took over voting control of the Board of Directors; and (c) also including any and all persons or entities who might have or claim to have rights of recourse or claims for indemnity or contribution against any of such persons or entities falling within the description of COLONIAL and/or MERIT AGE as a result of activities or duties performed or neglected in connection with the Community and also including any insurance carrier who may have provided coverage for any of the foregoing relative to events, occurrences or transactions in connection with the Community. 8. In connection with any litigation arising out of this Release, the prevailing party shall be entitled to recover from the other party said prevailing party's attorney's fees and costs, including attorney's fees and costs for any appellate proceedings. Venue shall be in Lee County. Both parties hereto hereby knowingly, voluntarily and intentionally waive their rigbt to bave a trial by jury witb respect to any litigation or adversarial proceeding based upon, or arising ont of, under or in connection witb this Release or any course of conduct, course of dealing, statement (whether verbal or written), or actions of tbe parties. This provision is a material inducement for all parties entering into this Release. (Remainder of page left intentionally blank) Agenda Item No. 6D January 15, 2008 Page 10 of 15 IN WITNESS WHEREOF, the J;!;lrties hereto have affixed their hand and seal this ('..f'\'\ day of ~ D\Je,j'Y\5E.K.. ,2006. ~ EC A-c'-L>-J /(U L ~ss(# _.1 ~a.ture. ( q(~ Clck It nnted Nam ~W s #2 Signature ):;In 0,," 1-0. Witness #2 Printed Name By: Printed Name: Alan S, Farrior Title: President cJ~~ Witnes~,#I.Signatu~~J {_ V I l/ttVI I'Vl4 I1'ie.- WithJS #1 Printed l'!am; .j ~~a~Attt; ~ , t: (d,~. E0t:t:i Witness #2 Printed Name MERITAGE HOMES OF _ FLORIDA, INC., An Arizona Corporation By: -11f~~~ Printed Name: ike Belmont Title: Division President ~'U LAUREL LAKES HOMEOWNERS' ASSOClA nON, INC. A Florida Not for Profit Corporation By ~ .l1v'dlL- Printed Name: :'19/"0 '" wdkc"L Title: President ?rc;.-,")'<"I/I- (,,,tN'~1 6.,,/'-:,; //.(1/ Witr-:: ti Signature C I { 'fin arm Witness # I Printecj.,Na.!)le ~.~;:.. v'~ Witness #2 Signature ~ _ V..rJ:"'" Witness #2 Printed Name , Agenda Item hio. 6D January 15, 2008 Page 11 of 15 STATE OF i1/flrnllJrV ) COUNTY OF mon1jOfhetl( ) The foregoing instrument was acknowledged before me this Now:.lhher , 2006, by Alan S. Farrior, President HOMES, INC., a Florida corporation, on behalf of the corporation. known to me or has produced and did not take an oath. CfiJ... day of of COLONIAL He is oersonally as identification s;b= Commission No: II-f! n. Ht:<r{ow (Print, or stamp commissioned name of Notary Public) (Notary Seal) STATE OF COUNTY OF ) ) The forelloingjnstrument was acknowledged before me this ;;:z.~ day of o ('~H b-e.-/ , 2006, by Mike Belmont, Division President of MERIT AGE HOMES OF FLORIDA, INC., an Arizona corporation on behalf of the corporation. He is personally known to me J or has produced as identification and did not take an oath. (N otary.S6al~..",n.n",.............IIII11::I., : VIVIAN MOmE : : : ..,L::.;~ Com~llIiIWilll-3 :: ""YI'1I\'-\ E,,'ceiVI!lill9k:; i\~~WiZo'.ond'd"""'~i . ',," 'FI~J~' lno.. * ..,. tln...II" .w~. :.....__.~-..... ...".....: V~ Signature of Notary Publi . Commission No: J:,b033'Qg'73 (Print, type or stamp commissioned name of Notary Public) STATE OF ;::::L ) COUNTY OF ~ ) Q The foregoing instrument was acknowledged before me this 10 day of C-fOr.:Le...r , 2006, by JQI11e'5 (+.It XlIW" President of LAUREL LAKES HOMEOWNERS' ASSOCIATION, INC" a Florida not for profit corporation on behalf of the Association, lliIShe is personallv known tn m~ or has produced as identification and did not take an oath. ~--rrtS (Notary Seal) 0. NOTARY PU8Ue-jt.~1E Of FLORIDA l'IlJ. d Annette Hernandez t.'il'I Co~missioD # 00378236 ,c.::r Expires; DEC. 09, 2008 . .\.'"~' \!la..-tic Bonding Co./ Inc. Signature of Notary Public Commission No: PD;'3 16 013';0 tJ f11l.Q -PIc -Her no 11de.2- (Print, type or stamp commissioned name of Notary Public) COLONIAL HOMES, INC. L- DATE: INVOICE NO. DESCRIPTION INVOICE AMOUNT Agenda Iteli"\~o7~2 8 January'fo, 2000 - DEDUCTION age B t9'I EE -, COLONIAL HOMES, INC. 7-21-06 072106 DEVELORPER CONTRIBUTIO 45167.00 .00 45167.00 PL~':'SE D:;:, ACH THIS PORTION ~ND RETi_th FGR YO\i~ RECORDS ~_ 'l:lIttr"N.'i~t::U~~.:',1-,."",tl::I...I:.l;ll,"'h'llt'Ih'II.:I:t-."lIt\,-,... .'I;I:I'I,'I~l.'j": ..,,'..lall:lltol"l.','/'"U=l:t,',I.l:l :..].'1 :1:l'J :l:!-"i$.'il"=-IU,J II.......,..! t11:::11 ""11:::\',"11II" II COLONIAL HOMES INC. TO AmSo"~' ''u7J , AmSo","wk '" 047328 ;,f','J"l.crCou"ty 2000 Interstate Park Drive Suite 306 Montgomery, AL 36109 (334) 270-6632 Pay: **********Forty-five thousand one hundred sixty-seven dollars a~d no ce~ts DATE CHECK NC At.iOU""T r }\_ugust 22, 2006 47328 $.....45, 167 .00 2 SIGNA1;)"lES REQUIRED IN EXCESS OF $10.:;OC.CO k?;",:,::::, - WI-U(Ali.'TKo;I.lZ~l.i~i'""""~ ~ PAY IQTHE ORDER OF LAUREL LAKES HOA, INC. C/O R&P PRO?ERTY Y~~AGEMENT 265 AIRPORT ROAD SOUTH L NAPLES, FL 34104-3518 .W u'Ol,7l2Bu' I:Ob220l7lSI: l0022QQbll' ;"/-2a 07 01: 29p Od. ell Landscapes Inc 239 99 .aa 0 p.2 Agenda item [\)0. 60 January 15, 2008 Page 13 of 15 O'DONNELL LANDSCAPES INe 4291 Williams Rd. Estero, Florida 33928 239 992-8842 fax 239 992-2188 Invoice No. 372-07 INVOICE r- ClI$lcmer Name Meritage Homes Address City Stale FL FAX: PHONE: Date Order No, Rep FOB 3/28/2007 ZIP AO Attn: Dan Garlow Laurel Lakes North Lake & South UnilPrj"" TOTAL Qty Drainage ~as~pairs $19,670.00 .. ~ t to JOB,,: GIl COST CODE: ,4-7 \? ~ LUMP SUM TOTAL $19,670.00 Paid Check Number Date Paid , I -J6; 9 A007 1il9:25A FR!l1: ROn: , ' (~)437-8864 ROMe, INC. 7676 Jean Blvd Fl. Myers, FL 33967 (239) 437-8854 T~ 151384 Agenda 118m! No. 6D , January 15, 2008 InvoIce: Page 14 ofEl,~9 Sold to Ship to Memage Homes 12631 WESTLlNKS DRIVE UNIT #7 FT, MYERS, FL 33913 MISCELLANEOUS 2007 Account COLONIAL P,O, Num Shio Via Shio Date ~ Net 0 Invoice Qme 7/31/07 E.mle 1 Laural Lakes - One year final- work completed 7/12, 13, 14, 16, 17, 18/07. Work consisted of tha following: 1. Dress up lake slopes, 2. Sod where washouts had occurred. 3. Hammar out rock in front of headwails, 4. Re-striplng crosswalks, stop bars, 5. Install missing signs where needed, 6 EA - 25 MPH Signs 3 EA - Keep right signs 1 EA - 90 Deg Left signs 2 EA - 90 Deg Right signs UI'lil extended llool Quantitv Descriotion ~ ~ HR 50 T175 Mini Excavator 75.00 3,750.00' HR 30 V50 Mini Excavator 70.0'0 2,100.00. HR 8 Mini Excavator with hammer 75.00 600,00' HR 350 Labor - 7 men at40 hours each 21,00 7,350.00. LS 1.00 Trutwin 2450.00 2,450,00' EA 19 Pallet - ba hia sod 80.00 1,520,00' EA 1 Pallet - floratam sod 120.00 120.00' GAL 10 Paint 65.00 650.00' EA 2 Bucket - hydraulic cement 40,00 80,00' * means item is non~taxable Subtotal 18,620,00 Total $18,620.00 Farrior, Pete -----Original Message----- From: chrzanowski 5 Sent: Wednesday, August 29, 2007 3:42 PM To: Kristi A Hughes; kuck t: hughes d; houldsworth j Cc: Graham Mold; jama93@netzero.net; Michael Corso; SunVirtual Inc_ Website Services; Gnorrnan@rp-prop.com; jsw@consult-rwa.com; Iformaro@rp-prop.com; plaslo4@aol.com; bryanroctrigues@comcast.net: Paul Rizzardini: gbmackie@embarqrnail.com; mhughes449@rnsn.com; arnold_m; preston 5i lorenz Wi mason 5; devanasmaryann; Robbin@AquaticSystems.com; EarthguardLakes@EIDbarqmai1~com Subject: RE: Status Update of Laurel Lakes/Meritage 'r/at>~ c~tll~ 1 Aaenda Item No. 6D ~ January 15. 2008 Page 15 of 15 ,:1 '"' From: Sent: To: Subject: Webb, Jean [Jean.Webb@meritagehomes.com] Monday, September 17, 20072:42 PM Farrior, Pete FW: Status Update of Laurel Lakes/Meritage Resending Stan's opinion of the lake bank erosion -----Original Message----- From: hughes d [rnailto:DarylHughes@colliergov.net] Sent: Thursday, August 30, 2007 1:44 PM To: Webb, Jean Subject: FW: Status Update of Laurel Lakes/Meritage Kristi: I've visited the Laurel Lakes site... with Daryl Hughes last week... and in my professional opinion the spraying of the vegetation on the lake banks is the cause of the erosion problems I saw. The herbiciding of the vegetation that was stabilizing the banks allm-ted the tremendous amount of erosion that I saw on the site. I don't consider that to be the developer's problem. The developer did the excavation and stabilizing correctly. I talked with Bob Luther at Earthguard, who has been contracted to maintain your lakes. Bob told me that the whole area was torpedo grass, which it may well have been, but our erosion control standards don't have a problem with that. I can see why he sprayed the bank, but some provision should have been made for erosion control... or mechanical control techniques {e.g. mowing) should have been used. We have related Lakes. four projects at the present time where we have similar or problems, Laurel Lakes, Arrowhead, Copper Cove, and Bradford On one of these projects the littoral areas were herbicided. I have told Daryl Hughes to sign off that the lakes are complete as far as our commitment from the developer. It's our understanding that the developer donated money to the HOA for just such issues. I've copied Code Enforcement and our National Pollution Discharge Elimination System coordinator on this e-mail as well as representatives of Earthguard and Aquatic Systems. I suggest that after stabilizing the banks, all parties should refrain from herbiciding anything above the water line and resort to mowing from now on. Maybe there should be some sort of County control over lake maintenance? We're going to have some internal meetings about this issue. That will not change my opinion about what I saw, but we have to come up with standards and procedures for the future. 1 Stan Stan Chrzanowski, P.E. Engineering Review Department "That which does not kill me... postpones the inevitable"